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• Mr. John Hutchings, 3315 Lamar Avenue, said he had offered to sell 27 feet off the rear part of his lot to Mr. Rainey. He said he had no objection to the type of development proposed, but objects to the tot depth. Mr. Smith Coleman, 3550 Robin Road, voiced no objection to the type of development if the lot depth can conform. He said he had more of an invest- ment to protect than Mr. Rainey. Rebuttal time was offered to the attorneys and Mr. McLaughlin read several names of property owners within 200 feet of the tract who had signed letters voicing no opposition to the request if the deed restriction is placed on the property. He emphasized that the restrictions would be filed and that they were enforceable. Mr. Board stated the people object to size of lots regardless of restrictions and it was not their responsibility to enforce such restrictions. Discussion by the Board followed and Mr. Hinds stated that Mr. Rainey knew of ordinance requirements before he bought the land and he was opposed to granting the variance over the objections of the people. Mr. Walker said it would be good if the necessary additional land could be bought at a reasonable price. He believes that the land needs to be used and that the proposed deed covenants are valid. For those reasons he feels the development would be in the best interest of the City. Mr. Nafe stated that the price of the additional land was prohibitive according to the figures he had. Chairman Mallory mentioned the original petition against the project refered to low income housing and that some people had changed their mind about it since assurances had been given that comparable housing would be built in the subdivision. He then read from the Code of Ordinances the jurisdiction of the Board for the audience and called for a motion on the request. Mr. Walker moved that a variance be granted for the lot depth and to require the deed restriction as presented and attached hereto as Exhibit A, be filed as part of the Town East Estates subdivision. Mr. Nafe seconded the motion. The motion carried, four votes for and one vote against. The next item for consideration was the petition of Tommy Clem for a variance to Ordinance No. 1710, Section 9 -501 (1), Front Yard Requirements on Lot 163 Block 6 of Hillcrest Addition located at 2460 Ballard Drive. Mrs. Clem was present stating that they had hired workers and built a carport on the front of their home without obtaining a building permit. She said she was not aware that a permit was required as no new foundation was needed for the carport. She presented pictures of the carport and a petition signed by her neighbors in the 2400 Block of Ballard voicing no objections to her appeal.